The protection of marks with a reputation: Intel v CPM

  • June 2009
  • Client publication/article

The case of Intel Corporation Inc v CPM United Kingdom Ltd concerns the scope of protection available to trade marks with a "reputation". Marks with a reputation can have additional protection beyond that available to other marks.

The protection extends to use of an identical or similar mark not only in relation to identical or similar goods or services, but also to use in relation to dissimilar goods or services. That protection is available even in the absence of any likelihood of confusion. What matters is whether registration or use of a mark would take unfair advantage of or be detrimental to the distinctive character or repute of the mark.

The true scope of these rights has never been definitively established in the relatively little case law on the subject. The Intel case required the ECJ to consider in some detail when this wider protection should be available.

This article, which was first published in the European Intellectual Property Review, looks at the background to the Intel case, analyses in detail the decision of the ECJ and considers its implications for well-known marks.

 
 

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Susie Middlemiss (partner)

 
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